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Activists Demand End To Discrimination Against Sri Lankan Women

Sri Lanka’s women activities this week demanded an end to discrimination against them by Sri Lankan law, while also emphasizing for equality.

In a collective oral statement to the CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) Committee in Geneva on Tuesday, at least 8 women’s rights organization along with activists highlighted several areas where women in the island nation continued to be discriminated, despite Sri Lanka’s international treaty obligations and commitments, including to CEDAW.

Some of the key highlights presented by a special Sri Lankan delegation at the 66th CEDAW session held in Geneva included the Muslim Personal Law which continues to render Sri Lankan Muslim women and girls as second-class citizens, Article 16 of the present Constitution prohibits judicial review of legislation and supersedes the guarantees of equality and non-discrimination, denial of equal pay for women, marginalization of war affected women, among other issues.

A special delegation comprising of Thiyagi Piyadasa, Hyshyama Hamin, Rosanna Flamer-Caldera, Shyamala Gomez, Anushani Alagarajah and Kumudini Samuel, on behalf activists and organizations working on women’s civil, political, socio-cultural and economic rights in rural and urban parts of Sri Lanka, made their submissions at the 66th session held in Geneva on Tuesday.

COLLECTIVE ORAL STATEMENT TO CEDAW COMMITTEE

Presented at 66th Session, Geneva | Presented by: Thiyagi Piyadasa, Hyshyama Hamin, Rosanna Flamer-Caldera, Shyamala Gomez, Anushani Alagarajah and Kumudini Samuel, on behalf activists and organizations (listed in page 4) working on women’s civil, political, socio-cultural and economic rights in rural and urban parts of Sri Lanka. ——— Madam Chair, This is a joint statement of activists and 8 women’s rights organizations. We would like to begin by drawing attention to the fact that Sri Lanka is engaging in a process of transitional justice and constitution making as we speak. We urge the committee to keep this context in mind in your deliberations.
We would now like to highlight the following:

Judicial Review of Legislation

Article 16 of the present Constitution prohibits judicial review of legislation and supersedes the guarantees of equality and non-discrimination, and we call for its repeal.

Fundamental Rights Chapter of the Constitution

The Fundamental Rights Chapter of the Constitution must include an explicit section on Women’s Rights.

Discriminatory Laws, Policies and Practices

Despite Sri Lanka’s international treaty obligations and commitments, including to CEDAW, discriminatory provisions in the Penal Code relating to consensual same sex relations; statutory rape (exemptions for married girls between the ages of 12- 16); impersonation; provisions in the Land Development Ordinance and State Lands Ordinance that grant state land in single ownership, instead of joint or co ownership; personal laws including the Muslim Personal Law and Thesawalamai; Vagrants Ordinance and Brothels ordinance continue to be enforced, and must be repealed.

Economic Participation

Female labour force participation is half that of men (34%). Women comprise 54% of the informal economy. The majority includes rural, fisher, agricultural and domestic sectors. They are denied protections afforded to the formal sector. Equal pay for work of equal value is denied to women in all sectors.

Discriminatory Practices

Discriminatory concepts such as ‘head of the household’; nuclear ‘happy families’ inform a number of policies. For example – Women with children under the age of 5 are prohibited from migrating for overseas employment. Furthermore all women expecting to migrate for work have to provide a Family Background Report, this does not apply to men.

Muslim Personal Law

The Muslim Personal Law continues to render Sri Lankan Muslim women and girls as second-class citizens. The law permits child marriage. It requires adult women to obtain guardian’s consent, prohibits women from being Quazi judges or registrars, which are state-salaried positions, allows polygamy without conditions or consent of wives. There are also procedural and practical issues faced by women in the Quazi (Muslim) courts, which inhibit their equal access to justice and due process.

The State has abdicated its responsibility to reform Muslim Personal Law, on the ground that it is a matter for the Muslim community. We strongly object to this stance. Despite multiple government committees, with predominantly Muslim men, appointed to review the Muslim personal law since 1990, none of these efforts have been yet fruitful. In 2011, recommendations by the CEDAW Committee called for an inclusive process of engagement, in particular women’s groups in the reforms process. However recent backlash from conservative Muslim groups has created a hostile environment where women activists, advocates and affected women who gave testimonies, have been intimidated.

The State must muster its political will to ensure that Muslim women are treated as equals under the law. Over 66 years of state-sanctioned systemic discrimination against Muslim women and girls must end!

Sexual Orientation and Gender Identity

Despite CEDAW Concluding Observations and activism for the repeal of Sections 365 and 365A of the Penal code, and recommendations by the Committee for Constitutional Reform (PRCCR) and the Consultative Task Force for Reconciliation, adult consensual same sex relationships continue to be criminalized in Sri Lanka.

Though there have been no prosecutions under the Penal Code, the misapplication and abuse of these Sections by State officials have been widely documented. Criminalisation also prevents LBT persons from accessing protection and justice for violence and discrimination perpetrated by public and private actors. And they continue to be excluded from State policies.

Violence / Access to justice

On the issue of violence against women, we wish to highlight impunity as a continuum from war related sexual violence to all forms of sexual and gender based violence. E.g. Approximately 1,400 rape complaints result in 0 to 7 convictions per year (2009-2014).

Rape attrition must be addressed including through reform of the prevailing two-tier system of non-summary inquiries at Magistrates Courts and summary inquiries at High Court. No measures have been taken to address suspended sentencing for rape, criminalizing of marital rape and backlog of rape cases. Protections available under the Prevention of Domestic Violence Act are being undermined by conservative judicial interpretations.

Tamil speaking women face discriminatory practices including language barriers and stereotyping when they access justice, due to lack of Tamil speaking officers in courts, police stations and hospitals.

Female Heads of Households

One in four households are female headed, a significant proportion of which are war affected. The Government of Sri Lanka has no official definition for this category, which results in their exclusion from welfare, resettlement and other policies and programmes.

War Affected Women

Despite various structures and policies by the State, war affected women continue to be marginalized, neglected and vulnerable, particularly female heads of households (approximately 90,000) in the North and East.

Militarization: Militarization and the breakdown of the rule of law has impacted women’s security, impeded access to livelihoods, land, including traditional use of common land, housing, and other resettlement assistance in the post-war context. The military continues to be engaged in civil administration, agriculture and tourism. Military run farms impedes women’s livelihoods.
Displacement: A significant proportion of the displaced include women. Military occupied land must be returned to original owners, including to female heads of households. Landless women must be allocated state land.

Livelihoods: State policies on livelihoods emphasize small and medium enterprise and micro credit and have not considered the creation of formal secure employment.
Violence: Evidence indicates that the armed forces, police and other armed actors perpetrate sexual violence against women. Women are also subjected to sexual exploitation and sexual bribery by government officials when accessing services. These cases are invisible, not investigated, prosecuted and punished. There is inadequate state provision of professional counseling, medical, psychosocial and rehabilitation services to women.

Transitional Justice: Transitional justice mechanisms, reconciliation and peace building initiatives must be inclusive processes, gender-sensitive, and responsive to women’s wartime experiences. There must be clear guidelines to provide gender sensitive reparations to women survivors of war including for economic losses, loss of livelihoods, and sexual violence.
Female Ex-combatants: Female ex-combatants face difficulties reintegrating into their communities. They continue to be under surveillance by the army; they are labeled as “rehabilitated” and marginalized from employment and access to services. There is no recognition of their skills and capabilities gained during the war.

Health

Health vulnerabilities exist for women, including those affected by conflict, plantation workers, sex workers and LBT women who are denied access to adequate services. Comprehensive sexuality education is required to prevent early pregnancies, and abortion needs to be decriminalized.

Gender Machinery

We end with the issue of gender machinery, which remains weak and marginal in national policy formulation. This must be strengthened with rights based legislation to appoint a well-resourced, independent National Commission on Women, unfettered by State institutions and partisan politics. The Commission must be appointed by the Constitutional Council as have other Independent Commissions such as those for Human Rights and Police. All Independent Commissions must be gender inclusive.
The current strategy is to adopt a plethora of National Action Plans, which remain in the main unimplemented. Therefore, to achieve policy coherence, adequate financing and implementation we require a single comprehensive National Action Plan for women that is rights-based and fully protected. For example the current National Action Plan on Human Rights was amended to remove a provision to decriminalise homosexuality and this must be prevented.

Latest comments

Lanka Rani/February 23, 2017

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They should ask Govt. of SL to make mandatory payment of a “living wage” or decent minimum wage for women and men.

Working people in Sri Lanka are entitled to a living wage. Many women do not work and labour market participation is 34 because they are not paid properly. Govt. needs to being in a minimum living wage and NGOs should agitate for this.

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Laxmi/February 23, 2017

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Sexual harassment on public transport and in the workplace that women encounter along with low wages, as well as, jealous and conservative husbands nagging women not to go out and work, are some of the many reasons that there only 34 percent of women work in the labour market.

Govt. needs to have an affirmative action policy of hiring and promoting qualified women and minorities and minority women.

Tamils, particularly Tamil women are grossly under-represented in the state sectors at all levels, but particularly at high levels.

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jim softy/February 23, 2017

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Laxmi:

I think what you are saying should apply to muslims only. Even Tamil women are not that behind.

It is in the west that needed women empowerment because, until the 2nf WW, women were only home-makers. British law allowed to punich a woman with a stick think enough to the man’s finger. Sinhale was not that.

Remember, the first woman prime minister came from Sri lanka. Sri lanka written history began with Queen Leelawathi aka Kuweni.

Sri lanka needs to stop domestic violence with strict implementation of laws. Other than, that don’t screw up the country and you people don’t have jobs because of that depend on NGO money to live.

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AJ/February 24, 2017

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Even Lord Budha left his wife and children and his wife was abandoned. These monks do the same. they get married, then they reach epiphany and then realise that they are gays and they become monks and start abusing younger monks.

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Amarasiri/February 23, 2017

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RE: Activists Demand End To Discrimination Against Sri Lankan Women

“Sri Lanka’s women activities this week demanded an end to discrimination against them by Sri Lankan law, while also emphasizing for equality.”

Yes. Ask for equality.

Please get the current MMDA, Muslim Marriage and Divorce Act that discriminates Muslim women and girls repealed.

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udarata manike/February 23, 2017

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SL women- are they too lazy to work ?- they should start working. i dont see any barriers to entry to workforce in SL for women

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Nuwan/February 25, 2017

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“Female ex-combatants face difficulties reintegrating into their communities. They continue to be under surveillance by the army;”
What about the LTTE 4:1 guard duty comfort women? Has anyone being held accountable?

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Fathima/February 25, 2017

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